Which party makes a counterclaim in civil litigation?

In civil litigation, the party that makes a counterclaim is the defendant. A counterclaim is a claim made by a defendant against the plaintiff in response to the original claim. Essentially, while the plaintiff initiates the lawsuit by filing a complaint, the defendant can respond not only by denying the allegations but also by asserting their own claims against the plaintiff. This is a strategic move that allows the defendant to address grievances they may have and seek relief as well.

The role of the plaintiff is to bring the initial claim, while the judge oversees the proceedings and ensures that the law is applied correctly. The jury may be involved in fact-finding or rendering a verdict, but they do not make claims themselves. Thus, in the context of a civil lawsuit, it is the defendant who has the opportunity to make a counterclaim against the plaintiff in response to the original legal action. This procedure is often used to streamline legal disputes and resolve all related issues in a single action.